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, and 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 laws relating to criminal procedure 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 in only binding on the lower courts in that district. A county court decision does not bind any other courts.
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 Municipal Court Rules (C.M.C.R). 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 relating to the municipal court rules are binding across the state.
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