Can a debtor be compelled to testify against himself in a criminal proceeding?

MultiRegion, United States of America

The following excerpt is from Alexander v. United States, 173 F.2d 867 (9th Cir. 1949):

"`No person * * * shall be compelled in any criminal case to be a witness against himself.' Fifth Amendment. `This provision must have a broad construction in favor of the right which it was intended to secure.' `The object was to insure that a person should not be compelled, when acting as a witness in any investigation, to give testimony which might tend to show that he himself had committed a crime.' Counselman v. Hitchcock, 142 U.S. 547, 562, 12 S.Ct. 195, 197, 35 L.Ed. 1110.

"The protection of the Constitution was not removed by the provision in section 7 of the Bankruptcy Act 11 U.S.C.A. 25: `No testimony given by him shall be offered in evidence against him in any criminal proceeding.' `It could not and would not prevent the use of his testimony to search out other testimony to be used in evidence against him or his property.' Counselman v. Hitchcock, 142 U.S. 564, 12 S.Ct. page 198, 35 L.Ed. 1110."

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