California Penal Code CHAPTER 2 - The Trial

• Section 1093.
  The jury having been impaneled and sworn, unless waived, the trial shall proceed in the following order, unless otherwise directed by the court:(a) If the accusatory...
• Section 1093.5.
  In any criminal case which is being tried before the court with a jury, all requests for instructions on points of law must be made...
• Section 1094.
  When the state of the pleadings requires it, or in any other case, for good reasons, and in the sound discretion of the court, the...
• Section 1095.
  If the offense charged is punishable with death, two counsel on each side may argue the cause. In any other case the court may, in...
• Section 1096.
  A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his...
• Section 1096a.
  In charging a jury, the court may read to the jury Section 1096, and no further instruction on the subject of the presumption of innocence...
• Section 1097.
  When it appears that the defendant has committed a public offense, or attempted to commit a public offense, and there is reasonable ground of doubt...
• Section 1098.
  When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order...
• Section 1099.
  When two or more defendants are included in the same accusatory pleading, the court may, at any time before the defendants have gone into their...
• Section 1100.
  When two or more defendants are included in the same accusatory pleading, and the court is of opinion that in regard to a particular defendant...
• Section 1101.
  The order mentioned in Sections 1099 and 1100 is an acquittal of the defendant discharged, and is a bar to another prosecution for the same...
• Section 1102.
  The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this Code.(Enacted 1872.)
• Section 1102.6.
  The right of a victim of crime to be present during any criminal proceeding shall be secured as follows:(a) Notwithstanding any other law, and except as...
• Section 1108.
  Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing, or taking away an unmarried...
• Section 1111.
  A conviction can not be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect...
• Section 1111.5.
  (a) A jury or judge may not convict a defendant, find a special circumstance true, or use a fact in aggravation based on the uncorroborated testimony...
• Section 1112.
  Notwithstanding the provisions of subdivision (d) of Section 28 of Article I of the California Constitution, the trial court shall not order any prosecuting witness,...
• Section 1113.
  The Court may direct the jury to be discharged where it appears that it has not jurisdiction of the offense, or that the facts charged...
• Section 1114.
  If the jury be discharged because the Court has not jurisdiction of the offense charged, and it appear that it was committed out of the...
• Section 1115.
  If the offense was committed within the exclusive jurisdiction of another county of this State, the Court must direct the defendant to be committed for...
• Section 1116.
  If the defendant is not arrested on a warrant from the proper county, as provided in section 1115, he must be discharged from custody, or...
• Section 1117.
  If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant,...
• Section 1118.
  In a case tried by the court without a jury, a jury having been waived, the court on motion of the defendant or on its...
• Section 1118.1.
  In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence...
• Section 1118.2.
  A judgment of acquittal entered pursuant to the provisions of Section 1118 or 1118.1 shall not be appealable and is a bar to any other...
• Section 1119.
  When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have...
• Section 1120.
  If a juror has any personal knowledge respecting a fact in controversy in a cause, he or she must declare the same in open court...
• Section 1121.
  The jurors sworn to try an action may, in the discretion of the court, be permitted to separate or be kept in charge of a...
• Section 1122.
  (a) After the jury has been sworn and before the people’s opening address, the court shall instruct the jury generally concerning its basic functions, duties, and...
• Section 1122.5.
  (a) The court, in its discretion, may, at each adjournment of the court before the submission of the cause to the jury, admonish the jury, whether...
• Section 1124.
  The Court must decide all questions of law which arise in the course of a trial.(Enacted 1872.)
• Section 1126.
  In a trial for any offense, questions of law are to be decided by the court, and questions of fact by the jury. Although the...
• Section 1127.
  All instructions given shall be in writing, unless there is a phonographic reporter present and he takes them down, in which case they may be...
• Section 1127a.
  (a) As used in this section, an “in-custody informant” means a person, other than a codefendant, percipient witness, accomplice, or coconspirator whose testimony is based upon...
• Section 1127b.
  When, in any criminal trial or proceeding, the opinion of any expert witness is received in evidence, the court shall instruct the jury substantially as...
• Section 1127c.
  In any criminal trial or proceeding where evidence of flight of a defendant is relied upon as tending to show guilt, the court shall instruct...
• Section 1127d.
  (a) In any criminal prosecution for the crime of rape, or for violation of Section 261.5, or for an attempt to commit, or assault with intent...
• Section 1127e.
  The term “unchaste character” shall not be used by any court in any criminal case in which the defendant is charged with a violation of...
• Section 1127f.
  In any criminal trial or proceeding in which a child 10 years of age or younger testifies as a witness, upon the request of a...
• Section 1127g.
  In any criminal trial or proceeding in which a person with a developmental disability, or cognitive, mental, or communication impairment testifies as a witness, upon...
• Section 1127h.
  In any criminal trial or proceeding, upon the request of a party, the court shall instruct the jury substantially as follows:“Do not let bias, sympathy,...
• Section 1128.
  After hearing the charge, the jury may either decide in court or may retire for deliberation. If they do not agree without retiring for deliberation,...
• Section 1129.
  When a defendant who has given bail appears for trial, the Court may, in its discretion, at any time after his appearance for trial, order...
• Section 1130.
  If the prosecuting attorney fails to attend at the trial of a felony, the court must appoint an attorney at law to perform the duties...

Last modified: October 22, 2018