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الموضوع: "u.s.a"california penal code

  1. #1

    افتراضي "u.s.a"california penal code

    [align=left]
    TITLE OF THE ACT
    1. This Act shall be known as THE PENAL CODE OF CALIFORNIA, and is
    divided into four parts, as follows:

    I.--OF CRIMES AND PUNISHMENTS.
    II.--OF CRIMINAL PROCEDURE.
    III.--OF THE STATE PRISON AND COUNTY JAILS.

    [/align] IV.--OF PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS.
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  2. #2

    افتراضي Preliminary provisions

    [align=left]
    PENAL CODE
    SECTION 2-24



    2. This Code takes effect at twelve o'clock, noon, on the first dayof January, eighteen hundred and seventy-three.3. No part of it is retroactive, unless expressly so declared.4. The rule of the common law, that penal statutes are to bestrictly construed, has no application to this Code. All itsprovisions are to be construed according to the fair import of theirterms, with a view to effect its objects and to promote justice.5. The provisions of this Code, so far as they are substantiallythe same as existing statutes, must be construed as continuationsthereof, and not as new enactments.6. No act or omission, commenced after twelve o'clock noon of theday on which this Code takes effect as a law, is criminal orpunishable, except as prescribed or authorized by this Code, or bysome of the statutes which it specifies as continuing in force and asnot affected by its provisions, or by some ordinance, municipal,county, or township regulation, passed or adopted, under suchstatutes and in force when this Code takes effect. Any act oromission commenced prior to that time may be inquired of, prosecuted,and punished in the same manner as if this Code had not been passed.7. Words used in this code in the present tense include the futureas well as the present; words used in the masculine gender includethe feminine and neuter; the singular number includes the plural, andthe plural the singular; the word "person" includes a corporation aswell as a natural person; the word "county" includes "city andcounty"; writing includes printing and typewriting; oath includesaffirmation or declaration; and every mode of oral statement, under[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  3. #3

    افتراضي Of persons liable to punishment for crime

    [align=left]PENAL CODE [/align]
    [align=left]SECTION 25-29[/align]
    [align=left]

    25. (a) The defense of diminished capacity is hereby abolished. In
    a criminal action, as well as any juvenile court proceeding,
    evidence concerning an accused person's intoxication, trauma, mental
    illness, disease, or defect shall not be admissible to show or negate
    capacity to form the particular purpose, intent, motive, malice
    aforethought, knowledge, or other mental state required for the
    commission of the crime charged.
    (b) In any criminal proceeding, including any juvenile court
    proceeding, in which a plea of not guilty by reason of insanity is
    entered, this defense shall be found by the trier of fact only when
    the accused person proves by a preponderance of the evidence that he
    or she was incapable of knowing or understanding the nature and
    quality of his or her act and of distinguishing right from wrong at
    the time of the commission of the offense.
    (c) Notwithstanding the foregoing, evidence of diminished capacity
    or of a mental disorder may be considered by the court only at the
    time of sentencing or other disposition or commitment.
    (d) The provisions of this section shall not be amended by the
    Legislature except by statute passed in each house by rollcall vote
    entered in the journal, two-thirds of the membership concurring, or
    by a statute that becomes effective only when approved by the
    electors.


    25.5. In any criminal proceeding in which a plea of not guilty by
    reason of insanity is entered, this defense shall not be found by the
    trier of fact solely on the basis of a personality or adjustment
    disorder, a seizure disorder, or an addiction to, or abuse of,
    intoxicating substances. This section shall apply only to persons
    who utilize this defense on or after the operative date of the
    section.



    26. All persons are capable of committing crimes except those
    belonging to the following classes:
    One--Children under the age of 14, in the absence of clear proof
    that at the time of committing the act charged against them, they
    knew its wrongfulness.
    Two--Persons who are mentally incapacitated.
    Three--Persons who committed the act or made the omission charged
    under an ignorance or mistake of fact, which disproves any criminal
    intent.
    Four--Persons who committed the act charged without being
    conscious thereof.
    Five--Persons who committed the act or made the omission charged
    through misfortune or by accident, when it appears that there was no
    evil design, intention, or culpable negligence.
    Six--Persons (unless the crime be punishable with death) who
    committed the act or made the omission charged under threats or
    menaces sufficient to show that they had reasonable cause to and did
    believe their lives would be endangered if they refused.



    27. (a) The following persons are liable to punishment under the
    laws of this state:
    (1) All persons who commit, in whole or in part, any crime within
    this state.
    (2) All who commit any offense without this state which, if
    committed within this state, would be larceny, carjacking, robbery,
    or embezzlement under the laws of this state, and bring the property
    stolen or embezzled, or any part of it, or are found with it, or any
    part of it, within this state.
    (3) All who, being without this state, cause or aid, advise or
    encourage, another person to commit a crime within this state, and
    are afterwards found therein.
    (b) Perjury, in violation of Section 118, is punishable also when
    committed outside of California to the extent provided in Section
    118.


    28. (a) Evidence of mental disease, mental defect, or mental
    disorder shall not be admitted to show or negate the capacity to form
    any mental state, including, but not limited to, purpose, intent,
    knowledge, premeditation, deliberation, or malice aforethought, with
    which the accused committed the act. Evidence of mental disease,
    mental defect, or mental disorder is admissible solely on the issue
    of whether or not the accused actually formed a required specific
    intent, premeditated, deliberated, or harbored malice aforethought,
    when a specific intent crime is charged.
    (b) As a matter of public policy there shall be no defense of
    diminished capacity, diminished responsibility, or irresistible
    impulse in a criminal action or juvenile adjudication hearing.
    (c) This section shall not be applicable to an insanity hearing
    pursuant to Section 1026.
    (d) Nothing in this section shall limit a court's discretion,
    pursuant to the Evidence Code, to exclude psychiatric or
    psychological evidence on whether the accused had a mental disease,
    mental defect, or mental disorder at the time of the alleged offense.




    29. In the guilt phase of a criminal action, any expert testifying
    about a defendant's mental illness, mental disorder, or mental defect
    shall not testify as to whether the defendant had or did not have
    the required mental states, which include, but are not limited to,
    purpose, intent, knowledge, or malice aforethought, for the crimes
    charged. The question as to whether the defendant had or did not
    have the required mental states shall be decided by the trier of
    fact.
    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  4. #4

    افتراضي Of parties to crime

    [align=left]
    PENAL CODE
    SECTION 30-33

    30. The parties to crimes are classified as:
    1. Principals; and,
    2. Accessories.



    31. All persons concerned in the commission of a crime, whether it
    be felony or misdemeanor, and whether they directly commit the act
    constituting the offense, or aid and abet in its commission, or, not
    being present, have advised and encouraged its commission, and all
    persons counseling, advising, or encouraging children under the age
    of fourteen years, or persons who are mentally incapacitated, to
    commit any crime, or who, by fraud, contrivance, or force, occasion
    the drunkenness of another for the purpose of causing him to commit
    any crime, or who, by threats, menaces, command, or coercion, compel
    another to commit any crime, are principals in any crime so
    committed.



    32. Every person who, after a felony has been committed, harbors,
    conceals or aids a principal in such felony, with the intent that
    said principal may avoid or escape from arrest, trial, conviction or
    punishment, having knowledge that said principal has committed such
    felony or has been charged with such felony or convicted thereof, is
    an accessory to such felony.



    33. Except in cases where a different punishment is prescribed, an
    accessory is punishable by a fine not exceeding five thousand dollars
    ($5,000), or by imprisonment in the state prison, or in a county
    jail not exceeding one year, or by both such fine and imprisonment.
    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  5. #5

    افتراضي Of offenses against the sovereignty of the state

    [align=left]
    . (a) Treason against this state consists only in levying war
    against it, adhering to its enemies, or giving them aid and comfort,
    and can be committed only by persons owing allegiance to the state.
    The punishment of treason shall be death or life imprisonment without
    possibility of parole. The penalty shall be determined pursuant to
    Sections 190.3 and 190.4.
    (b) Upon a trial for treason, the defendant cannot be convicted
    unless upon the testimony of two witnesses to the same overt act, or
    upon confession in open court; nor, except as provided in Sections
    190.3 and 190.4, can evidence be admitted of an overt act not
    expressly charged in the indictment or information; nor can the
    defendant be convicted unless one or more overt acts be expressly
    alleged therein.


    38. Misprision of treason is the knowledge and concealment of
    treason, without otherwise assenting to or participating in the
    crime. It is punishable by imprisonment in the state prison.

    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  6. #6

    افتراضي Of crimes by and against the executive power of the state

    [align=left]67. Every person who gives or offers any bribe to any executive
    officer in this state, with intent to influence him in respect to any
    act, decision, vote, opinion, or other proceeding as such officer,
    is punishable by imprisonment in the state prison for two, three or
    four years, and is disqualified from holding any office in this
    state.



    67.5. (a) Every person who gives or offers as a bribe to any
    ministerial officer, employee, or appointee of the State of
    California, county or city therein, or political subdivision thereof,
    any thing the theft of which would be petty theft is guilty of a
    misdemeanor.
    (b) If the theft of the thing given or offered would be grand
    theft the offense is a felony.



    68. (a) Every executive or ministerial officer, employee, or
    appointee of the State of California, a county or city therein, or a
    political subdivision thereof, who asks, receives, or agrees to
    receive, any bribe, upon any agreement or understanding that his or
    her vote, opinion, or action upon any matter then pending, or that
    may be brought before him or her in his or her official capacity,
    shall be influenced thereby, is punishable by imprisonment in the
    state prison for two, three, or four years and, in cases in which no
    bribe has been actually received, by a restitution fine of not less
    than two thousand dollars ($2,000) or not more than ten thousand
    dollars ($10,000) or, in cases in which a bribe was actually
    received, by a restitution fine of at least the actual amount of the
    bribe received or two thousand dollars ($2,000), whichever is
    greater, or any larger amount of not more than double the amount of
    any bribe received or ten thousand dollars ($10,000), whichever is
    greater, and, in addition thereto, forfeits his or her office,
    employment, or appointment, and is forever disqualified from holding
    any office, employment, or appointment, in this state.
    (b) In imposing a restitution fine pursuant to this section, the
    court shall consider the defendant's ability to pay the fine.



    69. Every person who attempts, by means of any threat or violence,
    to deter or prevent an executive officer from performing any duty
    imposed upon such officer by law, or who knowingly resists, by the
    use of force or violence, such officer, in the performance of his
    duty, is punishable by a fine not exceeding ten thousand dollars
    ($10,000), or by imprisonment in the state prison, or in a county
    jail not exceeding one year, or by both such fine and imprisonment.



    70. (a) Every executive or ministerial officer, employee, or
    appointee of the State of California, or any county or city therein,
    or any political subdivision thereof, who knowingly asks, receives,
    or agrees to receive any emolument, gratuity, or reward, or any
    promise thereof excepting such as may be authorized by law for doing
    an official act, is guilty of a misdemeanor.
    (b) This section does not prohibit deputy registrars of voters
    from receiving compensation when authorized by local ordinance from
    any candidate, political committee, or statewide political
    organization for securing the registration of voters.
    (c) (1) Nothing in this section precludes a peace officer, as
    defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
    Part 2, from engaging in, or being employed in, casual or part-time
    employment as a private security guard or patrolman for a public
    entity while off duty from his or her principal employment and
    outside his or her regular employment as a peace officer of a state
    or local agency, and exercising the powers of a peace officer
    concurrently with that employment, provided that the peace officer is
    in a police uniform and is subject to reasonable rules and
    regulations of the agency for which he or she is a peace officer.
    Notwithstanding the above provisions, any and all civil and criminal
    liability arising out of the secondary employment of any peace
    officer pursuant to this subdivision shall be borne by the officer's
    secondary employer.
    (2) It is the intent of the Legislature by this subdivision to
    abrogate the holdings in People v. Corey, 21 Cal.3d 738, and
    Cervantez v. J.C. Penney Co., 24 Cal.3d 579, to reinstate prior
    judicial interpretations of this section as they relate to criminal
    sanctions for battery on peace officers who are employed, on a
    part-time or casual basis, by a public entity, while wearing a police
    uniform as private security guards or patrolmen, and to allow the
    exercise of peace officer powers concurrently with that employment.
    (d) (1) Nothing in this section precludes a peace officer, as
    defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
    Part 2, from engaging in, or being employed in, casual or part-time
    employment as a private security guard or patrolman by a private
    employer while off duty from his or her principal employment and
    outside his or her regular employment as a peace officer, and
    exercising the powers of a peace officer concurrently with that
    employment, provided that all of the following are true:
    (A) The peace officer is in his or her police uniform.
    (B) The casual or part-time employment as a private security guard
    or patrolman is approved by the county board of supervisors with
    jurisdiction over the principal employer or by the board's designee
    or by the city council with jurisdiction over the principal employer
    or by the council's designee.
    (C) The wearing of uniforms and equipment is approved by the
    principal employer.
    (D) The peace officer is subject to reasonable rules and
    regulations of the agency for which he or she is a peace officer.
    (2) Notwithstanding the above provisions, a peace officer while
    off duty from his or her principal employment and outside his or her
    regular employment as a peace officer of a state or local agency
    shall not exercise the powers of a police officer if employed by a
    private employer as a security guard during a strike, lockout,
    picketing, or other physical demonstration of a labor dispute at the
    site of the strike, lockout, picketing, or other physical
    demonstration of a labor dispute. The issue of whether or not casual
    or part-time employment as a private security guard or patrolman
    pursuant to this subdivision is to be approved shall not be a subject
    for collective bargaining. Any and all civil and criminal liability
    arising out of the secondary employment of any peace officer
    pursuant to this subdivision shall be borne by the officer's
    principal employer. The principal employer shall require the
    secondary employer to enter into an indemnity agreement as a
    condition of approving casual or part-time employment pursuant to
    this subdivision.
    (3) It is the intent of the Legislature by this subdivision to
    abrogate the holdings in People v. Corey, 21 Cal. 3d 738, and
    Cervantez v. J. C. Penney Co., 24 Cal. 3d 579, to reinstate prior
    judicial interpretations of this section as they relate to criminal
    sanctions for battery on peace officers who are employed, on a
    part-time or casual basis, while wearing a police uniform approved by
    the principal employer, as private security guards or patrolmen, and
    to allow the exercise of peace officer powers concurrently with that
    employment.
    (e) (1) Nothing in this section precludes a peace officer, as
    defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
    Part 2, from engaging in, or being employed in, other employment
    while off duty from his or her principal employment and outside his
    or her regular employment as a peace officer of a state or local
    agency.
    (2) Subject to subdivisions (c) and (d), and except as provided by
    written regulations or policies adopted by the employing state or
    local agency, or pursuant to an agreement between the employing state
    or local agency and a recognized employee organization representing
    the peace officer, no peace officer shall be prohibited from engaging
    in, or being employed in, other employment while off duty from his
    or her principal employment and outside his or her regular employment
    as a peace officer of a state or local agency.
    (3) If an employer withholds consent to allow a peace officer to
    engage in or be employed in other employment while off duty, the
    employer shall, at the time of denial, provide the reasons for denial
    in writing to the peace officer.



    70.5. Every commissioner of civil marriages or every deputy
    commissioner of civil marriages who accepts any money or other thing
    of value for performing any marriage pursuant to Section 401 of the
    Family Code, including any money or thing of value voluntarily
    tendered by the persons about to be married or who have been married
    by the commissioner of civil marriages or deputy commissioner of
    civil marriages, other than a fee expressly imposed by law for
    performance of a marriage, whether the acceptance occurs before or
    after performance of the marriage and whether or not performance of
    the marriage is conditioned on the giving of such money or the thing
    of value by the persons being married, is guilty of a misdemeanor.
    It is not a necessary element of the offense described by this
    section that the acceptance of the money or other thing of value be
    committed with intent to commit extortion or with other criminal
    intent.
    This section does not apply to the request or acceptance by any
    retired commissioner of civil marriages of a fee for the performance
    of a marriage.
    This section is inapplicable to the acceptance of a fee for the
    performance of a marriage on Saturday, Sunday, or a legal holiday.




    71. Every person who, with intent to cause, attempts to cause, or
    causes, any officer or employee of any public or private educational
    institution or any public officer or employee to do, or refrain from
    doing, any act in the performance of his duties, by means of a
    threat, directly communicated to such person, to inflict an unlawful
    injury upon any person or property, and it reasonably appears to the
    recipient of the threat that such threat could be carried out, is
    guilty of a public offense punishable as follows:
    (1) Upon a first conviction, such person is punishable by a fine
    not exceeding ten thousand dollars ($10,000), or by imprisonment in
    the state prison, or in a county jail not exceeding one year, or by
    both such fine and imprisonment.
    (2) If such person has been previously convicted of a violation of
    this section, such previous conviction shall be charged in the
    accusatory pleading, and if such previous conviction is found to be
    true by the jury, upon a jury trial, or by the court, upon a court
    trial, or is admitted by the defendant, he is punishable by
    imprisonment in the state prison.
    As used in this section, "directly communicated" includes, but is
    not limited to, a communication to the recipient of the threat by
    telephone, telegraph, or letter.



    72. Every person who, with intent to defraud, presents for
    allowance or for payment to any state board or officer, or to any
    county, city, or district board or officer, authorized to allow or
    pay the same if genuine, any false or fraudulent claim, bill,
    account, voucher, or writing, is punishable either by imprisonment in
    the county jail for a period of not more than one year, by a fine of
    not exceeding one thousand dollars ($1,000), or by both such
    imprisonment and fine, or by imprisonment in the state prison, by a
    fine of not exceeding ten thousand dollars ($10,000), or by both such
    imprisonment and fine.
    As used in this section "officer" includes a "carrier," as defined
    in subdivision (a) of Section 14124.70 of the Welfare and
    Institutions Code, authorized to act as an agent for a state board or
    officer or a county, city, or district board or officer, as the case
    may be.



    72.5. (a) Every person who, knowing a claim seeks public funds for
    reimbursement of costs incurred in attending a political function
    organized to support or oppose any political party or political
    candidate, presents such a claim for allowance or for payment to any
    state board or officer, or to any county, city, or district board or
    officer authorized to allow or pay such claims, is punishable either
    by imprisonment in the county jail for a period of not more than one
    year, by a fine of not exceeding one thousand dollars ($1,000), or by
    both such imprisonment and fine, or by imprisonment in the state
    prison, by a fine of not exceeding ten thousand dollars ($10,000), or
    by both such imprisonment and fine.
    (b) Every person who, knowing a claim seeks public funds for
    reimbursement of costs incurred to gain admittance to a political
    function expressly organized to support or oppose any ballot measure,
    presents such a claim for allowance or for payment to any state
    board or officer, or to any county, city, or district board or
    officer authorized to allow or pay such claims is punishable either
    by imprisonment in the county jail for a period of not more than one
    year, by a fine of not exceeding one thousand dollars ($1,000), or by
    both such imprisonment and fine, or by imprisonment in the state
    prison, by a fine of not exceeding ten thousand dollars ($10,000), or
    by both such imprisonment and fine.



    73. Every person who gives or offers any gratuity or reward, in
    consideration that he or any other person shall be appointed to any
    public office, or shall be permitted to exercise or discharge the
    duties thereof, is guilty of a misdemeanor.




    74. Every public officer who, for any gratuity or reward, appoints
    another person to a public office, or permits another person to
    exercise or discharge any of the duties of his office, is punishable
    by a fine not exceeding ten thousand dollars ($10,000), and, in
    addition thereto, forfeits his office and is forever disqualified
    from holding any office in this state.



    76. (a) Every person who knowingly and willingly threatens the life
    of, or threatens serious bodily harm to, any elected public
    official, county public defender, county clerk, exempt appointee of
    the Governor, judge, or Deputy Commissioner of the Board of Prison
    Terms, or the staff, immediate family, or immediate family of the
    staff of any elected public official, county public defender, county
    clerk, exempt appointee of the Governor, judge, or Deputy
    Commissioner of the Board of Prison Terms, with the specific intent
    that the statement is to be taken as a threat, and the apparent
    ability to carry out that threat by any means, is guilty of a public
    offense, punishable as follows:
    (1) Upon a first conviction, the offense is punishable by a fine
    not exceeding five thousand dollars ($5,000), or by imprisonment in
    the state prison, or in a county jail not exceeding one year, or by
    both that fine and imprisonment.
    (2) If the person has been convicted previously of violating this
    section, the previous conviction shall be charged in the accusatory
    pleading, and if the previous conviction is found to be true by the
    jury upon a jury trial, or by the court upon a court trial, or is
    admitted by the defendant, the offense is punishable by imprisonment
    in the state prison.
    (b) Any law enforcement agency that has knowledge of a violation
    of this section involving a constitutional officer of the state, a
    Member of the Legislature, or a member of the judiciary shall
    immediately report that information to the Department of the
    California Highway Patrol.
    (c) For purposes of this section, the following definitions shall
    apply:
    (1) "Apparent ability to carry out that threat" includes the
    ability to fulfill the threat at some future date when the person
    making the threat is an incarcerated prisoner with a stated release
    date.
    (2) "Serious bodily harm" includes serious physical injury or
    serious traumatic condition.
    (3) "Immediate family" means a spouse, parent, or child, or anyone
    who has regularly resided in the household for the past six months.

    (4) "Staff of a judge" means court officers and employees,
    including commissioners, referees, and retired judges sitting on
    assignment.
    (5) "Threat" means a verbal or written threat or a threat implied
    by a pattern of conduct or a combination of verbal or written
    statements and conduct made with the intent and the apparent ability
    to carry out the threat so as to cause the person who is the target
    of the threat to reasonably fear for his or her safety or the safety
    of his or her immediate family.
    (d) As for threats against staff or immediate family of staff, the
    threat must relate directly to the official duties of the staff of
    the elected public official, county public defender, county clerk,
    exempt appointee of the Governor, judge, or Deputy Commissioner of
    the Board of Prison Terms in order to constitute a public offense
    under this section.
    (e) A threat must relate directly to the official duties of a
    Deputy Commissioner of the Board of Prison Terms in order to
    constitute a public offense under this section.



    77. The various provisions of this title, except Section 76, apply
    to administrative and ministerial officers, in the same manner as if
    they were mentioned therein.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  7. #7

    افتراضي Of crimes against the legislative power

    [align=left]
    85. Every person who gives or offers to give a bribe to any Member
    of the Legislature, any member of the legislative body of a city,
    county, city and county, school district, or other special district,
    or to another person for the member, or attempts by menace, deceit,
    suppression of truth, or any corrupt means, to influence a member in
    giving or withholding his or her vote, or in not attending the house
    or any committee of which he or she is a member, is punishable by
    imprisonment in the state prison for two, three or four years.



    86. Every Member of either house of the Legislature, or any member
    of the legislative body of a city, county, city and county, school
    district, or other special district, who asks, receives, or agrees to
    receive, any bribe, upon any understanding that his or her official
    vote, opinion, judgment, or action shall be influenced thereby, or
    shall give, in any particular manner, or upon any particular side of
    any question or matter upon which he or she may be required to act in
    his or her official capacity, or gives, or offers or promises to
    give, any official vote in consideration that another Member of the
    Legislature, or another member of the legislative body of a city,
    county, city and county, school district, or other special district
    shall give this vote either upon the same or another question, is
    punishable by imprisonment in the state prison for two, three, or
    four years and, in cases in which no bribe has been actually
    received, by a restitution fine of not less than two thousand dollars
    ($2,000) or not more than ten thousand dollars ($10,000) or, in
    cases in which a bribe was actually received, by a restitution fine
    of at least the actual amount of the bribe received or two thousand
    dollars ($2,000), whichever is greater, or any larger amount of not
    more than double the amount of any bribe received or ten thousand
    dollars ($10,000), whichever is greater.
    In imposing a fine under this section, the court shall consider
    the defendant's ability to pay the fine.



    88. Every Member of the Legislature, and every member of a
    legislative body of a city, county, city and county, school district,
    or other special district convicted of any crime defined in this
    title, in addition to the punishment prescribed, forfeits his or her
    office and is forever disqualified from holding any office in this
    state or a political subdivision thereof.

    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  8. #8

    افتراضي Of crimes against public justice

    [align=left]
    BRIBERY AND CORRUPTION
    92. Every person who gives or offers to give a bribe to any
    judicial officer, juror, referee, arbitrator, or umpire, or to any
    person who may be authorized by law to hear or determine any question
    or controversy, with intent to influence his vote, opinion, or
    decision upon any matter or question which is or may be brought
    before him for decision, is punishable by imprisonment in the state
    prison for two, three or four years.



    93. (a) Every judicial officer, juror, referee, arbitrator, or
    umpire, and every person authorized by law to hear or determine any
    question or controversy, who asks, receives, or agrees to receive,
    any bribe, upon any agreement or understanding that his or her vote,
    opinion, or decision upon any matters or question which is or may be
    brought before him or her for decision, shall be influenced thereby,
    is punishable by imprisonment in the state prison for two, three, or
    four years and, in cases where no bribe has been actually received,
    by a restitution fine of not less than two thousand dollars ($2,000)
    or not more than ten thousand dollars ($10,000) or, in cases where a
    bribe was actually received, by a restitution fine of at least the
    actual amount of the bribe received or two thousand dollars ($2,000),
    whichever is greater, or any larger amount of not more than double
    the amount of any bribe received or ten thousand dollars ($10,000),
    whichever is greater.
    (b) In imposing a restitution fine under this section, the court
    shall consider the defendant's ability to pay the fine.



    94. Every judicial officer who asks or receives any emolument,
    gratuity, or reward, or any promise thereof, except such as may be
    authorized by law, for doing any official act, is guilty of a
    misdemeanor. The lawful compensation of a temporary judge shall be
    prescribed by Judicial Council rule. Every judicial officer who
    shall ask or receive the whole or any part of the fees allowed by law
    to any stenographer or reporter appointed by him or her, or any
    other person, to record the proceedings of any court or investigation
    held by him or her, shall be guilty of a misdemeanor, and upon
    conviction thereof shall forfeit his or her office. Any stenographer
    or reporter, appointed by any judicial officer in this state, who
    shall pay, or offer to pay, the whole or any part of the fees allowed
    him or her by law, for his or her appointment or retention in
    office, shall be guilty of a misdemeanor, and upon conviction thereof
    shall be forever disqualified from holding any similar office in the
    courts of this state.


    94.5. Every judge, justice, commissioner, or assistant commissioner
    of a court of this state who accepts any money or other thing of
    value for performing any marriage, including any money or thing of
    value voluntarily tendered by the persons about to be married or who
    have been married by such judge, justice, commissioner, or assistant
    commissioner, whether the acceptance occurs before or after
    performance of the marriage and whether or not performance of the
    marriage is conditioned on the giving of such money or the thing of
    value by the persons being married, is guilty of a misdemeanor.
    It is not a necessary element of the offense described by this
    section that the acceptance of the money or other thing of value be
    committed with intent to commit extortion or with other criminal
    intent.
    This section does not apply to the request for or acceptance of a
    fee expressly imposed by law for performance of a marriage or to the
    request or acceptance by any retired judge, retired justice, or
    retired commissioner of a fee for the performance of a marriage. For
    the purposes of this section, a retired judge or retired justice
    sitting on assignment in court shall not be deemed to be a retired
    judge or retired justice.
    This section does not apply to an acceptance of a fee for
    performing a marriage on Saturday, Sunday, or a legal holiday.




    95. Every person who corruptly attempts to influence a juror, or
    any person summoned or drawn as a juror, or chosen as an arbitrator
    or umpire, or appointed a referee, in respect to his or her verdict
    in, or decision of, any cause or proceeding, pending, or about to be
    brought before him or her, is punishable by a fine not exceeding ten
    thousand dollars ($10,000), or by imprisonment in the state prison,
    if it is by means of any of the following:
    (a) Any oral or written communication with him or her except in
    the regular course of proceedings.
    (b) Any book, paper, or instrument exhibited, otherwise than in
    the regular course of proceedings.
    (c) Any threat, intimidation, persuasion, or entreaty.
    (d) Any promise, or assurance of any pecuniary or other advantage.



    95.1. Every person who threatens a juror with respect to a criminal
    proceeding in which a verdict has been rendered and who has the
    intent and apparent ability to carry out the threat so as to cause
    the target of the threat to reasonably fear for his or her safety or
    the safety of his or her immediate family, is guilty of a public
    offense and shall be punished by imprisonment in a county jail for
    not more than one year, or by imprisonment in the state prison, or by
    a fine not exceeding ten thousand dollars ($10,000), or by both that
    imprisonment and fine.



    95.2. Any person who, with knowledge of the relationship of the
    parties and without court authorization and juror consent,
    intentionally provides a defendant or former defendant to any
    criminal proceeding information from records sealed by the court
    pursuant to subdivision (b) of Section 237 of the Code of Civil
    Procedure, knowing that the records have been sealed, in order to
    locate or communicate with a juror to that proceeding and that
    information is used to violate Section 95 or 95.1, shall be guilty of
    a misdemeanor. Except as otherwise provided by any other law or
    court order limiting communication with a juror after a verdict has
    been reached, compliance with Section 206 of the Code of Civil
    Procedure shall constitute court authorization.



    95.3. Any person licensed pursuant to Chapter 11.5 (commencing with
    Section 7512) of Division 3 of the Business and Professions Code
    who, with knowledge of the relationship of the parties and without
    court authorization and juror consent, knowingly provides a defendant
    or former defendant to any criminal proceeding information in order
    to locate or communicate with a juror to that proceeding is guilty of
    a misdemeanor. Conviction under this section shall be a basis for
    revocation or suspension of any license issued pursuant to Section
    7561.1 of the Business and Professions Code. Except as otherwise
    provided by any law or court order limiting communication with a
    juror after a verdict has been reached, compliance with Section 206
    of the Code of Civil Procedure shall constitute court authorization.




    96. Every juror, or person drawn or summoned as a juror, or chosen
    arbitrator or umpire, or appointed referee, who either: One--Makes
    any promise or agreement to give a verdict or decision for or
    against any party; or, Two--Willfully and corruptly permits any
    communication to be made to him, or receives any book, paper,
    instrument, or information relating to any cause or matter pending
    before him, except according to the regular course of proceedings, is
    punishable by fine not exceeding ten thousand dollars ($10,000), or
    by imprisonment in the state prison.



    96.5. (a) Every judicial officer, court commissioner, or referee
    who commits any act that he or she knows perverts or obstructs
    justice, is guilty of a public offense punishable by imprisonment in
    a county jail for not more than one year.
    (b) Nothing in this section prohibits prosecution under paragraph
    (5) of subdivision (a) of Section 182 of the Penal Code or any other
    law.


    98. Every officer convicted of any crime defined in this Chapter,
    in addition to the punishment prescribed, forfeits his office and is
    forever disqualified from holding any office in this State.



    99. The Superintendent of State Printing shall not, during his
    continuance in office, have any interest, either directly or
    indirectly, in any contract in any way connected with his office as
    Superintendent of State Printing; nor shall he, during said period,
    be interested, either directly or indirectly, in any state printing,
    binding, engraving, lithographing, or other state work of any kind
    connected with his said office; nor shall he, directly or indirectly,
    be interested in any contract for furnishing paper, or other
    printing stock or material, to or for use in his said office; and any
    violations of these provisions shall subject him, on conviction
    before a court of competent jurisdiction, to imprisonment in the
    state prison and to a fine of not less than one thousand dollars
    ($1,000) nor more than ten thousand dollars ($10,000), or by both
    such fine and imprisonment.



    100. If the Superintendent of State Printing corruptly colludes
    with any person or persons furnishing paper or materials, or bidding
    therefor, or with any other person or persons, or has any secret
    understanding with him or them, by himself or through others, to
    defraud the state, or by which the state is defrauded or made to
    sustain a loss, contrary to the true intent and meaning of this
    chapter, he, upon conviction thereof, forfeits his office, and is
    subject to imprisonment in the state prison, and to a fine of not
    less than one thousand dollars ($1,000) nor more than ten thousand
    dollars ($10,000), or both such fine and imprisonment.
    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  9. #9

    افتراضي Rescues

    [align=left]102. Every person who willfully injures or destroys, or takes or
    attempts to take, or assists any person in taking or attempting to
    take, from the custody of any officer or person, any personal
    property which such officer or person has in charge under any process
    of law, is guilty of a misdemeanor.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  10. #10

    افتراضي Escapes and aiding therein

    [align=left]107. Every prisoner charged with or convicted of a felony who is an
    inmate of any public training school or reformatory or county
    hospital who escapes or attempts to escape from such public training
    school or reformatory or county hospital is guilty of a felony and is
    punishable by imprisonment in the state prison, or by a fine not
    exceeding ten thousand dollars ($10,000), or by both such fine and
    imprisonment.



    109. Any person who willfully assists any inmate of any public
    training school or reformatory to escape, or in an attempt to escape
    from such public training school or reformatory is punishable by
    imprisonment in the state prison, and fine not exceeding ten thousand
    dollars ($10,000).



    110. Every person who carries or sends into a public training
    school, or reformatory, anything useful to aid a prisoner or inmate
    in making his escape, with intent thereby to facilitate the escape of
    any prisoner or inmate confined therein, is guilty of a felony.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

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