Of Criminal ProcedurePreliminary Provisions
Section § 681
You can't be punished for committing a crime unless a court that has the authority to hear the case finds you guilty through a proper legal process.
Section § 682
In California, most crimes must be prosecuted with a formal charge known as an indictment or information. However, there are exceptions, including cases involving the removal of state civil officers, offenses related to military service during war, misdemeanors and infractions, and felonies where the defendant has already pleaded guilty to a lesser charge under certain conditions.
Section § 683
Section § 684
This law states that when a crime is prosecuted in California, it is done on behalf of the people of California against the person accused of committing the crime.
Section § 685
This law simply states that in a criminal case, the person who is being accused and facing charges is known as the defendant.
Section § 686
This law states the rights of a defendant in a criminal case. Firstly, they have the right to a trial that is both quick and public. Secondly, while a defendant can choose to represent themselves or have a lawyer, in very serious cases (like those involving the death penalty), they must have a lawyer. Thirdly, defendants can bring their own witnesses and confront those against them in court. However, exceptions include the use of hearsay evidence if it is legally permissible, and the reading of a witness's deposition if allowed by law.
Section § 686.1
In a death penalty case, the person accused must have a lawyer present with them during every part of the early and trial processes, regardless of what other laws might suggest.
Section § 686.2
This law allows a court to remove a spectator from a trial if they are intimidating a witness. Before doing so, the court must hold a hearing and be convinced that the spectator is actually intimidating the witness and that their removal is essential for the witness to testify fully and freely. The law ensures that this removal is the only way to help the witness give complete testimony. However, this rule does not apply to removing the press or the defendant from the proceeding.
Section § 686.5
If someone is arrested but then released without a trial or found not guilty, and they are considered indigent (meaning they don't have enough money), the arresting agency must take them back to where they were originally arrested if they were taken over 25 miles away.
Section § 687
This law says that once someone has been tried for a crime and the trial ends with either a conviction or an acquittal, they cannot be tried again for the same crime.
Section § 688
This law states that if someone is accused of a crime, they should not be held in detention with more restrictions than necessary before they are found guilty.
Section § 688.5
This law states that in criminal cases, a defendant cannot be charged by local governments or their attorneys for the costs related to investigation, prosecution, or appeals. However, this rule does not apply in civil cases.
There are exceptions where costs can be charged, including violations of specific state laws and codes, such as some insurance, labor, tax, and unemployment insurance laws. Also, certain state laws may allow recovery of these costs as authorized by a statute or court order, but not for local ordinances.
The law also clarifies that it does not limit probation departments from assessing fees authorized by other laws. It defines "costs" as payments to legal and law enforcement personnel, excluding expenses for repairing harms from criminal actions.
Section § 689
This law states that a person can't be found guilty of a crime unless it's through a jury's decision, a court's decision when a jury isn't used, or by admitting guilt with a guilty plea.
Section § 690
This law section states that the rules and procedures outlined in Part 2, starting from Section 681, apply to all criminal cases in all court levels. However, there might be exceptions if certain laws have noted jurisdictional limits or if there are special rules for specific courts or types of cases.
Section § 690.5
This law says that certain rules about filing and serving documents in civil cases can also be used in criminal cases, unless other specific rules say otherwise.
Additionally, the Judicial Council must create standard rules for how documents should be electronically filed and served in criminal courts across the state.
Section § 691
This section defines specific terms that are used in certain parts of the California Penal Code. A 'competent court' refers to a court with jurisdiction over the crime mentioned. 'Jurisdictional territory' relates to the geographical area a court can exercise criminal jurisdiction over. 'Accusatory pleading' encompasses legal documents like indictments and complaints. 'Prosecuting attorney' includes various titles for attorneys who prosecute crimes for the public. The term 'county' also covers city and county, and city. A 'felony case' involves felonies and sometimes misdemeanors or infractions, while a 'misdemeanor or infraction case' includes only those lesser charges without felonies.