PRELIMINARY PROVISIONS
Preliminary Provisions enacted 1872.
§§ 681–691 · 16 sections
- § 681 No person can be punished for a public offense, except upon a legal conviction in a Court having jurisdiction thereof.
- § 682 Every public offense must be prosecuted by indictment or information, except: 1. Where proceedings are had for the removal of civil officers of the state; 2.…
- § 683 The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action.
- § 684 A criminal action is prosecuted in the name of the people of the State of California, as a party, against the person charged with the offense.
- § 685 The party prosecuted in a criminal action is designated in this Code as the defendant.
- § 686 In a criminal action the defendant is entitled: 1. To a speedy and public trial. 2. To be allowed counsel as in civil actions, or to appear and defend in…
- § 686.1 Notwithstanding any other provision of law, the defendant in a capital case shall be represented in court by counsel at all stages of the preliminary and trial…
- § 686.2 (a) The court may, after holding a hearing and making the findings set forth in subdivision (b), order the removal of any spectator who is intimidating a…
- § 686.5 In any case in which a person is arrested and released without trial or in which a person is arrested, tried, and acquitted, if such person is indigent and is…
- § 687 No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.
- § 688 No person charged with a public offense may be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge.
- § 688.5 (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the…
- § 689 No person can be convicted of a public offense unless by verdict of a jury, accepted and recorded by the court, by a finding of the court in a case where a…
- § 690 The provisions of Part 2 (commencing with Section 681) shall apply to all criminal actions and proceedings in all courts, except where jurisdictional…
- § 690.5 (a) Subdivisions (a) and (e) of Section 1010.6 of the Code of Civil Procedure, pertaining to the permissive filing and service of documents, are applicable to…
- § 691 The following words have in Part 2 (commencing with Section 681) the signification attached to them in this section, unless it is otherwise apparent from the…