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Title 7: Of Proceedings After the Commencement of the Trial and Before Judgment | Chapter 2: The Trial

California Penal Code, Part 2 — Criminal Procedure – 2026

Back to Part Part 2: Of Criminal Procedure ← Previous Part 2: Of Criminal Procedure | Title 7: Of Proceedings After the Commencement of the Trial and Before Judgment | Chapter 1: Challenging the Jury Next → Part 2: Of Criminal Procedure | Title 7: Of Proceedings After the Commencement of the Trial and Before Judgment | Chapter 3: Conduct of the Jury After the Cause Is Submitted to Them

All Sections

Chapter 1: Of Lawful Resistance Chapter 2: Of the Intervention of the Officers of Justice Chapter 3: Security to Keep the Peace Chapter 5: Suppression of Riots Title 2: Mode of Prosecution Title 2.5: Nightcourt Chapter 1: Of the Local Jurisdiction of Public Offenses Chapter 2: Time of Commencing Criminal Actions Chapter 3: Complaints Before Magistrates Chapter 4: The Warrant of Arrest Chapter 4.2: Code Enforcement Officers Chapter 4.5: Peace Officers Chapter 5: Arrest, by Whom and How Made Chapter 5A: Uniform Act on Fresh Pursuit Article 1: Colorado River Crime Enforcement Compact Article 2: California-Nevada Compact for Jurisdiction on Interstate Waters Chapter 5C: Citations for Misdemeanors Chapter 5D: Filing Complaint After Citation Chapter 6: Retaking After an Escape or Rescue Chapter 7: Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer Chapter 1: General Provisions Article 1: Qualifications of Grand Jurors Article 2: Listing and Selection of Grand Jurors Article 3: Jury Commissioners Article 4: Impaneling of Grand Jury Article 1: General Provisions Article 2: Investigation of County, City, and District Affairs Article 3: Legal and Other Assistants for Grand Juries Article 4: Conduct of Investigations Chapter 1: Finding and Presentment of the Indictment Chapter 2: Rules of Pleading Chapter 1: Of the Arraignment of the Defendant Chapter 2: Setting Aside the Indictment or Information [995 - 999a] Chapter 2.2: Career Criminals [999b - 999h] Chapter 2.3: Repeat Sexual Offenders [999i - 999p] Chapter 2.4: Child Abusers [999q - 999y] Chapter 2.5: Special Proceedings in Narcotics and Drug Abuse Cases Chapter 2.55: Deferred Entry of Judgment Pilot Program Chapter 2.6: Deferred Entry of Judgment Reentry Program Chapter 2.65: Child Abuse and Neglect Counseling Chapter 2.7: Misdemeanor Diversion Chapter 2.8: Diversion of Defendants With Cognitive Developmental Disabilities Chapter 2.8A: Diversion of Individuals with Mental Disorders Chapter 2.81: Pretrial Diversion of Traffic Violators Chapter 2.9: Diversion of Misdemeanor Offenders Chapter 2.9A: Bad Check Diversion Chapter 2.9B: Parental Diversion Chapter 2.9C: Military Diversion Program Chapter 2.9D: Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program Chapter 2.9E: Primary Caregiver Diversion Chapter 2.92: Law Enforcement Assisted Diversion (LEAD) Pilot Program Chapter 2.95: Diversion Restitution Fee Chapter 2.96: Court Initiated Misdemeanor Diversion Chapter 3: Demurrer and Amendment Chapter 4: Plea Chapter 5: Transmission of Certain Indictments and Information Chapter 6: Change of Venue Chapter 7: The Mode of Trial Chapter 8: Formation of the Trial Jury and theCalendar of Issues for Trial Chapter 9: Postponement of the Trial Chapter 10: Discovery Chapter 1: Challenging the Jury Chapter 2: The Trial Chapter 3: Conduct of the Jury After the Cause Is Submitted to Them Chapter 4: The Verdict or Finding Article 1: Initial Sentencing Article 1.5: Recall and Resentencing Chapter 4.8: Pregnant and Parenting Women’s Alternative Sentencing Program Act Chapter 5: Bills of Exception Chapter 6: New Trials Chapter 7: Arrest of Judgment Chapter 1: The Judgment Chapter 1.4: Electronic Monitoring Chapter 1.5: Certification of Drug Diversion Programs Chapter 2: The Execution Chapter 3: California Community Corrections Performance Incentives Chapter 1: Appeals, When Allowed and How Taken, and the Effect Thereof Chapter 1a: Judicial Council Rules [1247k- 1247k.] Chapter 2: Dismissing an Appeal for Irregularity Chapter 3: Argument of the Appeal Chapter 4: Judgment Upon Appeal Article 1: In What Cases the Defendant May Be Admitted to Bail Article 2: Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] Article 3: Bail Upon an Indictment Before Conviction Article 4: Bail on Appeal Article 5: Deposit Instead of Bail Article 5.5: Bail Fugitive Recovery Persons Act Article 6: Exoneration Article 7: Forfeiture of the Undertaking of Bail or of the Deposit of Money Article 8: Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail Article 9: Procedure Relating to Release on Own Recognizance Article 10: Violations Chapter 1.7: Pretrial Risk Assessment Tool Validation Chapter 2: Who May Be Witnesses in Criminal Actions Chapter 3: Compelling the Attendance of Witnesses Chapter 3a: Attendance of Witnesses Outside the State Chapter 4: Examination of Witnesses Conditionally Chapter 4.5: Examination of Victims of Sexual Crimes Chapter 5: Examination of Witnesses on Commission Chapter 6: Inquiry into the Competence of the Defendant Before Trial or After Conviction Chapter 7: Compromising Certain Public Offenses by Leave of the Court Chapter 8: Dismissal of the Action for Want of Prosecution or Otherwise Chapter 8.5: Agreement on Detainers Chapter 9: Proceedings Against Corporations Chapter 10: Entitling Affidavits Chapter 11: Errors and Mistakes in Pleadings and Other Proceedings Chapter 12: Disposal of Property Stolen or Embezzled Chapter 13: Disposition of Evidence in Criminal Cases Chapter 14: Disposition of Unclaimed Money Held by District Attorney or Court Clerk Chapter 15: Disqualification of Prosecuting Attorneys Chapter 1: Proceedings in Misdemeanor and Infraction Cases Chapter 2: Appeals In Misdemeanor and Infraction Cases Chapter 3: Transfer of Misdemeanor and Infraction Appeals Chapter 1: Of the Writ of Habeas Corpus Chapter 2: Pretrial Review Chapter 3: Of Search Warrants Chapter 3.5: Disclosure of Medical Records to Law Enforcement Agencies Chapter 3.6: Electronic Communications Privacy Act Chapter 4: Proceedings Against Fugitives From Justice Chapter 5: Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature Title 13: Proceedings for Bringing Persons Imprisoned in the State Prison, or the Jail of Another County, Before a Court Title 15: Outpatient Status for Mentally Disordered and Developmentally Disabled Offenders
§ 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) I… § 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 to the court and a… § 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 order prescribed in… § 1095 If the offense charged is punishable with death, two counsel on each side may argue the cause. § 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 or her guilt i… § 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 or defining… § 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 in… § 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 o… § 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 defens… § 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 there i… § 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 offense. § 1102 The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this Code. § 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… § 1109 (a) If requested by the defense, a case in which a gang enhancement is charged under subdivision (b) or (d) of Section 186. § 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 the defendan… § 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 … § 1112 Notwithstanding the provisions of subdivision (d) of Section 28 of Article I of the California Constitution, the trial court shall not order any prose… § 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 do not constitu… § 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 jurisdiction o… § 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 fo… § 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 his bail in … § 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, if in … § 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 own motion shall order the entr… § 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 on either side and before the c… § 1118.2 A judgment of acquittal entered pursuant to the provisions of Section 1118 or 1118. § 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 been committed, or in whic… § 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 during the trial. § 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 proper officer. § 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,… § 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 per… § 1124 The Court must decide all questions of law which arise in the course of a trial. § 1126 In a trial for any offense, questions of law are to be decided by the court, and questions of fact by the jury. § 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 given or… § 1127a (a) As used in this section, an “in-custody informant” means a person, other than a codefendant, percipient witness, accomplice, or coconspirator whos… § 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 … § 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 the jury… § 1127d (a) In any criminal prosecution for the crime of rape, or for violation of Section 261. § 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 261 or… § 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 party, the court shall i… § 1127g In any criminal trial or proceeding in which a person with a developmental disability, or cognitive, mental, or communication impairment testifies as … § 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, sympat… § 1128 After hearing the charge, the jury may either decide in court or may retire for deliberation. § 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 him to be c… § 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 of the prosecuti…