What is the test for determining whether a criminal offence is a crime under a statutory statute or regulatory provision?
California, United States of America
The following excerpt is from People v. Garcia, E057279 (Cal. App. 2016):
"'"[T]he power to define crimes and fix penalties is vested exclusively in the legislative branch." [Citation.]' [Citation.]" (People v. Chun, supra, 45 Cal.4th at p. 1183.) "Some statutory or regulatory provision must describe conduct as criminal in order for the courts to treat that conduct as criminal. [Citation.]" (Ibid., fn. omitted.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
What is the test for determining whether a witness has a criminal conviction for a previous criminal conviction that was impeaching the same criminal offence? (California, United States of America)
Is there a consequence that if a gang member is convicted of a criminal offence by virtue of his or her actions, such that the crime proceeds to a criminal enterprise and the criminal damage caused by the crime? (California, United States of America)
What is the test for the use of the STEP Act to determine whether a defendant who fired a gun repeatedly at a group of people was a member of a criminal gang, who then committed the crime for the benefit of the criminal gang? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a criminal offence is necessarily included in the criminal code? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
What is the test for whether a greater statutory offence can be committed without committing the lesser statutory offence? (California, United States of America)
In what circumstances will a jury be able to determine whether a defendant has been convicted of a criminal offence under section 969b of the Criminal Code? (California, United States of America)
What is the associated crime factor for determining whether a defendant has committed a criminal offence? (California, United States of America)
