CHAPTER 5: SUBSTANTIVE CRIMINAL LAW AND PROCEDURE - Table of Contents

5.1 - Sources of Criminal Law and Procedure • 5.2 - Criminal Law - Title 18 • 5.3 - Criminal Procedure - Statutes and Rules • 5.4 - Juvenile Proceedings • 5.5 - Traffic Offenses - Title 42 • 5.6 - Municipal Ordinance Violations • 5.7 - Penalties • 5.8 - Federal Criminal Law • 5.9 - Defenses in Criminal Cases

5.1 SOURCES OF CRIMINAL LAW AND PROCEDURE

Criminal law is the body of law establishing criminal offenses, criminal procedure is the body of law establishing the methods by which alleged violations of the criminal law are prosecuted. Most Colorado criminal law and procedure is contained in the Colorado Revised Statutes (C.R.S), the laws passed by the Colorado General Assembly. Further criminal procedure law may be found in the Colorado Rules of Criminal Procedure (Crim. P.) promulgated by the Colorado Supreme Court. Decisions interpreting these rules and statutes are issued by the Colorado Supreme Court and the Colorado Court of Appeals and are binding across the state. A particular district court may issue a decision interpreting the rules or statutes, but that decision is only binding on the lower courts of that district.

Municipal court criminal law is set forth in the municipal code of each city and municipal court criminal procedure rules may be found in the Colorado Rules of Municipal Court Procedure. Decisions interpreting municipal codes and municipal rules of procedure may be issued by a particular municipal court and are binding in that city, while decisions issued by the Court of Appeals or Supreme Court are binding across the state.

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