Title 6: Pleadings and Proceedings Before Trial | Chapter 7: The Mode of Trial
California Penal Code, Part 2 — Criminal Procedure – 2026
§ 1041
An issue of fact arises: 1. Upon a plea of not guilty. 2. Upon a plea of a former conviction or acquittal of the same offense. 3.
§ 1042
Issues of fact shall be tried in the manner provided in Article I, Section 16 of the Constitution of this state.
§ 1042.5
Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a …
§ 1043
(a) Except as otherwise provided in this section, the defendant in a felony case shall be personally present at the trial.
§ 1043.5
(a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present.
§ 1044
It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the argument of counsel t…
§ 1045
In any misdemeanor or infraction matter, where a verbatim record of the proceedings is not required to be made and where the right of a party to reque…